[Federal Register Volume 86, Number 136 (Tuesday, July 20, 2021)]
[Notices]
[Pages 38360-38361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15324]


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DEPARTMENT OF LABOR

Mine Safety and Health Administration


Petition for Modification of Application of Existing Mandatory 
Safety Standard

AGENCY: Mine Safety and Health Administration, Labor.

ACTION: Notice.

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SUMMARY: This notice includes the summary of a petition for 
modification submitted to the Mine Safety and Health Administration 
(MSHA) by the party listed below.

DATES: All comments on the petition must be received by MSHA's Office 
of Standards, Regulations, and Variances on or before August 19, 2021.

ADDRESSES: You may submit your comments including the docket number of 
the petition by any of the following methods:
    1. Electronic Mail: <a href="/cdn-cgi/l/email-protection#d4aeae99879c95f9b7bbb9b9b1baa0a794b0bbb8fab3bba2"><span class="__cf_email__" data-cfemail="582222150b1019753b3735353d362c2b183c3734763f372e">[email protected]</span></a>. Include the docket 
number of the petition in the subject line of the message.
    2. Facsimile: 202-693-9441.
    3. Regular Mail or Hand Delivery: MSHA, Office of Standards, 
Regulations, and Variances, 201 12th Street South, Suite 4E401, 
Arlington, Virginia 22202-5452, Attention: Jessica D. Senk, Director, 
Office of Standards, Regulations, and Variances. Persons delivering 
documents are required to check in at the receptionist's desk in Suite 
4E401. Individuals may inspect copies of the petition and comments 
during normal business hours at the address listed above.
    MSHA will consider only comments postmarked by the U.S. Postal 
Service or proof of delivery from another delivery service such as UPS 
or Federal Express on or before the deadline for comments.

FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards, 
Regulations, and Variances at 202-693-9440 (voice), 
<a href="/cdn-cgi/l/email-protection#570432393c791d3224243e34361733383b79303821"><span class="__cf_email__" data-cfemail="2271474c490c684751514b414362464d4e0c454d54">[email protected]</span></a> (email), or 202-693-9441 (facsimile). [These are 
not toll-free numbers.]

SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety 
and Health Act of 1977 and Title 30 of the Code of Federal Regulations 
(CFR) part 44 govern the application, processing, and disposition of 
petitions for modification.

I. Background

    Section 101(c) of the Federal Mine Safety and Health Act of 1977 
(Mine Act) allows the mine operator or representative of miners to file 
a petition to modify the application of any mandatory safety standard 
to a coal or other mine if the Secretary of Labor determines that:
    1. An alternative method of achieving the result of such standard 
exists which will at all times guarantee no less than the same measure 
of protection afforded the miners of such mine by such standard; or
    2. The application of such standard to such mine will result in a 
diminution of safety to the miners in such mine.
    In addition, sections 44.10 and 44.11 of 30 CFR establish the 
requirements for filing petitions for modification.

II. Petition for Modification

    Docket Number: M-2021-004-M.
    Petitioner: Genesis Alkali, LLC, 580 Westvaco Rd., Green River, 
Wyoming (Zip 82935).
    Mine: Genesis Alkali @WESTVACO, MSHA ID No. 48-00152, located in 
Sweetwater County, Wyoming.
    Regulation Affected: 30 CFR 57.22305 (Approved equipment (III 
mines)).
    Modification Request: The petitioner requests a modification of the 
existing 30 CFR 57.22305 standard to permit an alternative, non-MSHA 
approved Powered Air Purifying Respirator (PAPR). The petitioner seeks 
approval for the use of the CleanSpace EX PAPR (CleanSpace EX) in its 
Class III underground, trona mine in areas in or beyond the last open 
crosscut and in areas where methane may enter the air current.
    The petitioner states that:
    (a) Genesis Alkali @WESTVACO is an underground trona mine. The 
petitioner has provided miners who wished to wear a PAPR voluntarily 
with one as a means to provide a fresh air flow over their face in a 
warm environment and to reduce exposure to nuisance dust. Some of the 
miners who choose to wear a PAPR work inby the last open cross cut. The 
petitioner historically purchased 3M Airstream Headgear-Mounted PAPRs. 
3M discontinued these in 2020.
    (b) Other intrinsically safe (IS) respirators available 
commercially have been approved by other certification bodies, e.g., 
European Union and the International Electrotechnical Commission (IEC). 
However, these other IS PAPRs have not been approved by MSHA pursuant 
to 30 CFR parts 18 through 36.
    (c) The CleanSpace EX manufactured by CleanSpace was determined to 
be IS

[[Page 38361]]

under other certification bodies. CleanSpace is not pursuing MSHA 
approval.
    (d) The CleanSpace EX's design allows the miners to wear their 
standard head protection, including cap lamps.
    (e) The CleanSpace EX has been tested and approved as IS under many 
internationally recognized testing standards. The CleanSpace EX was 
designed to and is approved pursuant to ATEX ``Equipment or Protective 
System Intended for use in Potentially Explosive Atmospheres Directive 
2014/34/EU'' and is approved to be marked ``I Ml Ex ia I Ma, II 2 G Ex 
ib IIB T4 Gb, -20[deg]C <Ta<40[deg]C.'' Additionally, the CleanSpace EX 
was designed and is approved as IS pursuant to the IEC Certification 
Scheme for Explosive Atmospheres (IECEX) and is approved to be marked 
``Ex ia I Ma, Ex ib IIB T4 Gb, IECEx TSA 13.0024X.''
    (f) The scientific literature includes peer-reviewed papers, which 
suggest that there is an equivalent level of safety for miners when IS 
equipment is approved by either the ACRI2001 standard or relevant 
international standards.
    (g) The CleanSpace EX was tested to standards that are equivalent 
to the MSHA ACRI2001 criteria. The CleanSpace EX has been subjected to 
extensive testing requirements under several North American and 
International Standards which all available scientific literature and 
studies have concluded are as effective as testing and approval under 
MSHA's ACRI2001 criteria.
    (h) All available information supports a determination that use of 
the CleanSpace EX in the Genesis Alkali @WESTVACO mine will achieve the 
same result as the standard.
    The petitioner proposes the following alternative method:
    (a) The petitioner requests the use of the CleanSpace EX, which is 
not MSHA approved, in this mine in areas in or beyond the last open 
crosscut and in areas where methane may enter the air current.
    (b) Affected mine employees will be trained in the proper use and 
care of the CleanSpace EX in accordance with the manufacturer's 
recommendations. Task Training and annual refresher training will be 
documented using MSHA form 5000-23.
    The petitioner asserts that the alternate method proposed will at 
all times guarantee no less than the same measure of protection 
afforded the miners under the mandatory standard.

Jessica Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-15324 Filed 7-19-21; 8:45 am]
BILLING CODE 4520-43-P


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